Category Archives: Blog
New Decision Brings Clarity to Road Builders for Reviews of a Referee’s Decision Under MTO’s Dispute Resolution Procedures
A recent decision by Justice Steel in the Ontario Superior Court of Justice has brought some much-needed clarity for road building contractors seeking to uphold (or overturn) an interim-binding decision of a referee under MTO’s dispute resolution procedures.
COVID-19: Managing Project Delays and Claims
Executive Alert: Advocates LLP argues that Notice of Delay given now and tied to Ontario’s March 17 declaration of a State of Emergency and related MOH social distancing directives – may allow you access to a compensable delay, rather than merely an excusable delay.
A PDF copy of this article may be downloaded here.
Overview
read more →
What’s Oppression Got to Do With It?
Everything, as it turns out. Wilfred v. Dare is a cautionary tale of the consequences of forgetting that the OBCA does not provide for a ‘no fault’ corporate divorce. Does your shareholder agreement provide otherwise? You might want to check.
The Oppression Remedy Reaches Middle-Age – Reflections 44 Years Later
The statutory oppression remedy is the The Six Million Dollar Man of commercial litigation: a “better, stronger, faster” remedy for addressing oppressive shareholder conduct.
What Does Innovation Mean in the Legal Industry?
If you’ve kept an ear to the ground in the last few years, you’ve probably heard about legal innovation. For example, the Ontario Bar Association recently announced that it will have an Innovator in Residence position to direct adoption of legal innovation. Many law firms use innovation as a marketing tool to attract users
read more →
Trump’s Tariffs and Trudeau’s Countermeasures: How to Protect Yourself in the Construction Industry
Introduction
The United States government, under the administration of Donald Trump, imposed tariffs on imports of Canadian steel and aluminum at the rate of 25% and 10% respectively, effective May 31, 2018. As a countermeasure, Canada’s Department of Finance intends to impose a reciprocal surtax (or analogous trade restrictive countermeasures) on imports of steel, aluminum,
read more →
No Unjust Enrichment For You!: Yorkwest Plumbing Supply Inc. v. Nortown Plumbing (1998) Ltd.
Can you join an unjust enrichment claim with your construction lien claim in the same action? The Court of Appeal thinks not, though the Divisional Court was not so categorical.
You expect a construction lien action, by its very name, to assert a contractor/subcontractor’s statutory right, under the Construction Lien Act, to relief against an